R v Collins (1987)
| R v Collins | |
|---|---|
| Hearing: May 27, 1986 Judgment: April 9, 1987 | |
| Full case name | Ruby Collins v. Her Majesty The Queen |
| Citations | [1987] 1 S.C.R. 265 |
| Docket No. | 17937 |
| Prior history | Judgment for the Crown in the Court of Appeal for British Columbia. |
| Ruling | appeal allowed, new trial ordered |
| Holding | |
| (1) A search or seizure will be unreasonable under s. 8 of the Charter unless it is authorized by law, the authorizing law is reasonable, and the search is carried out in a reasonable manner. (2) Evidence obtained in violation of Charter rights threatens to bring the administration of justice in disrepute if it is a more serious violation and if it affects the fairness of the trial. (4:1) | |
| Court membership | |
| Chief Justice: Brian Dickson Puisne Justices: Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer, Bertha Wilson, Gerald Le Dain, Gérard La Forest | |
| Reasons given | |
| Majority | Lamer J. (paras. 1-46), joined by Dickson, Wilson, La Forest JJ. |
| Concurrence | Le Dain J.(para. 53) |
| Dissent | McIntyre J. (paras. 47-52) |
Superseded by | |
| R. v. Grant (on s. 24(2) of the Charter only) | |
R v Collins [1987] 1 S.C.R. 265 1987 SCC 11 is a leading decision of the Supreme Court of Canada on section 8 and was a leading case on section 24(2) of the Constitution Act, 1982 which allowed for the exclusion of evidence upon infringing the Charter. The Collins test for section 24(2) was developed for determining if the administration of justice was brought into disrepute by the inclusion of the evidence. The test was later replaced in R. v. Grant.